V.Rajendran v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2022 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU and W.M.P. (MD) Nos. 5873 & 5576 of 2016 V.Rajendarn ... Petitioner Vs.

1.The Joint Commissioner, Thiruchirappalli.

2.The Tahsildar, 3.The Inspector of Police, Ulagampatti Police Station, Thirupathur, Sivagangai District.

4.The Executive Officer, Konnaiyur, (Thakkar Arulmigu Sri Muthumariyamman Temple R.Palakkurichi), 5.S.Marimuthu ... Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Mandamus, to direct the first respondent to give suitable direction to the fourth respondent to conduct the Panguni and Chithirai festival in Arulmigu Sri Muthumariamman Temple, R.Palakurichi Village, Ponnamaravathy Taluk, Pudukkottai District without giving any first respect to the fifth respondent till the conclusion of a petition filed by the petitioner to the first respondent under Section 63(e) of the Hindu Religious and Charitable Endowments Act, 1959 on the basis of the representation dated 21.03.2016.

For Petitioner : Mr. K.Baalasundharam For R1 to R3 : Mr. T.Villavankothai Additional Government Pleader For R4 : Mr. G.Mathavan For R5 : No Appearance

ORDER

Heard Mr. K.Baalasundharam, Learned Counsel for the Petitioner, Mr. T.Villavankothai, Learned Additional Government Pleader, who takes notice for the First to Third Respondents and Mr. G.Mathavan, Learned Counsel for the Fourth Respondent and perused the materials placed on record apart from the pleadings of the parties. 2.

This Writ Petition has been filed for directing the First Respondent to give suitable direction to the Fourth Respondent to conduct the Panguni and 2/6

Chithirai festival in Arulmigu Sri Muthumariamman Temple, R.Palakurichi Village, Ponnamaravathy Taluk, Pudukkottai District without giving prime honour to the Fifth Respondent till the conclusion of a petition filed by the Petitioner under Section 63(e) of the Hindu Religious and Charitable Endowments Act, 1959 on the basis of the representation dated 21.03.2016 made by him.

3.

It has been brought to notice by Learned Counsel for the Fourth Respondent that the First Respondent by Proceedings in Na. Ka. No. 2747/ 2018 Aa2 dated 28.03.2018 had directed the Fourth Respondent to conduct festival without prime honours to any person till the disposal of O.A. No. 22 of 2016 filed by the Petitioner and its copy has been placed on record. In view of the same, nothing remains for further consideration in the Writ Petition, but, it shall be incumbent upon the First Respondent after hearing all parties concerned following the prescribed procedure in consonance with the principles of natural justice to pass reasoned orders in O.A. No. 22 of 2016 dealing with each of the contentions on merits and in accordance with law, and ensure that there is atleast one effective hearing every week showing progress of the case. The report of compliance in that regard shall be sent to 3/6

the Registrar (Judicial) of the Court.

4.

In the result, the Writ Petition is disposed on the aforesaid terms. Consequently, the connected Miscellaneous Petition is closed. No costs. 14.12.2022 Index : Yes/No Internet : Yes/No ta Note: Issue order copy on 30.01.2023.

To 1.The Joint Commissioner, Thiruchirappalli.

2.The Tahsildar, 4/6

3.The Inspector of Police, Ulagampatti Police Station, Thirupathur, Sivagangai District.

4.The Executive Officer, Konnaiyur, (Thakkar Arulmigu Sri Muthumariyamman Temple R.Palakkurichi), Copy to The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai - 625023.

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P.D.AUDIKESAVALU,J.

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